1993-02-01 Regular Meeting
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 301
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, February 1, 1993, at 6:30 P.M. in the Assembly
Room of the New Hanover County Courthouse, 24 North Third Street,
Wilmington, North Carolina.
.
Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen 0' Neal; County
Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F.
Harrell.
Chairman Greer called the meeting to order and welcomed all
persons present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Joseph Windley, Pastor of First Baptist Church, gave
the invocation.
Commissioner Caster led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
The following remarks were received:
.
Presentation of ABC Profit Distribution Check to New Hanover County
Mr. Billy Williams, the ABC Board Administrator, presented a
profit-distribution check to New Hanover County in the amount of
$104,000 for the past quarter earnings and stated this represents
a 19% increase over last year. Emphasis was placed on the fact
that a portion of the earnings are returned to the County to be
used for benefit of its citizens.
Chairman Greer, on behalf of the Board, expressed appreciation
for the work preformed by the ABC Board and its administration.
Request for Public Hearings to Begin at 7:30 P.M. as Advertised and
Scheduled
Ms. Mildred Harris, a resident of New Hanover County,
expressed concern about lengthy agenda items being presented before
scheduled Public Hearings and requested that an agenda format be
devised whereby citizens will not have to wait until 8:30 P.M. or
later to begin the Public Hearing process. The Commissioners were
urged to begin Public Hearings promptly at 7:30 P.M. as advertised
and delay other discussion until the end of the meeting.
County Manager O'Neal commented on the complexity of County
issues which require a great of discussion and stated staff will
strive to allocate the time as proportionately as possible.
Comments Expressing Concern for Resolution Opposing Discrimination
Based Upon Sexual Orientation
The following comments were received:
.
Mr. William Farr, a 20-year resident of Wilmington, commented
on the hate crime that occurred on the streets of Wilmington
because of one's sexual orientation and requested that the same
civil rights and protection being given to the gay community. The
Commissioners were requested to express their concern for this
crime to the proper public officials on the state and federal
levels of government.
Mr. Joe Madsen, a concerned citizen, expressed concern for
Americans being asked to accept the p~inciple that discrimination
based on sexual preference is the same as discrimination based on
race and religion. No one is in favor of violence; however, the
j
~-
(
I
I
l,
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 302
attempt to associate sexual preference with racial discrimination
1S wrong. The question to be answered is what does discrimination
based upon sexual orientation mean? Should children to be adopted
and raised by parents of the same sex? Should homosexuals teach
small children in schools? Should homosexual couples receive the
same benefits granted to heterosexual couples? All people,
regardless of their sexual preference, are entitled to respect and
the same rights accorded by the Constitution of the united States;
therefore, it is not necessary to adopt the proposed resolution.
()
Mr. Jack F. Hart, a native of Wilmington, commented on a
resolution opposing discrimination and stated the proposed
resolution is already covered by the Bill of Rights. Every citizen
of the United States is covered as to race, color, creed, religion,
or national original; therefore, there is no need to consider the
proposed resolution submitted by the Human Relations Commission.
All people have the same rights and many veterans have given their
lives to protect these rights.
Mr. Rick Gilley, a concerned citizen, expressed opposition to
the resolution supporting sexual orientation and stated democratic
pluralism is the major force which has undermined our society
because it promotes the destruction of all absolute moral values
and beliefs in order to ensure the toleration of all religious and
social view points. The supporters of democratic pluralism present
it as a harmless and positive framework in which the State remains
neutral and all movements enjoy an equality of expression and a
mul tiplici ty of values interacting one with another. It is
impossible to maintain a balanced equality among prevailing points
of view in any society. The values of society cannot remain
permanently fragmented. Public policies require decisions which
reflect values; therefore, each time a determination is made one
set of values is preferred over another set. Rather than a system
in which diverse groups mute their differences in the interest of
mutual harmony, our country has been overtaken by a pluralistic
system in which diverse groups push their own interests strongly
and persistently. No group is taken seriously in our society until
it commands social power. That power has been demonstrated by this
movement with a group crying out for acceptance of their perverted
lifestyles. Two forces are correctly perceived as formidable
enemies to their cause, religion and the family. Any license given
to this cause through public declaration will only add to decay of
foundational moral values in our community.
o
Mr. Bob Jenkins, a native of wilmington, expressed concern for
the freedoms provided by the United States Constitution not
providing civil rights to the homosexual community as provided for
heterosexual counterparts. There is to no way to understand the
discrimination against homosexuals until you are in this position.
As a member of this group, I am a responsible law abiding citizen,
have contributed to the community financially, religiously, and
morally. I do not ask for anything that other citizens do not
have. For me, I do not care whether I am accepted, but it is my
right to live in dignity in this wonderful community. The dispute
is not in lifestyles or chosen lifestyles, but for me and millions
of others, this lifestyle is not chosen, it is the way God made me.
The Commissioners were urged to consider all mankind when making
this decision and adopt the proposed resolution.
o
Mr. Scott Frazier a resident of Wilmington for the past five
years, commented on serving 10 years in the Navy with pride and
dignity and expressed concern for the recent beating of a
homosexual by members of the military. No one.., regardless of their
sexual preference, should be beaten, particularly by persons who
are in the business of protecting our country. Morals should not
dictate law because people are different. Discrimination against
all people should be eliminated; therefore, the law should be
changed to oppose any form of discrimination.
.
.
.
",):.
~
"~~H: ,'~';
~ .
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 303
Mr. David Reebel, a resident of Wilmington, stated sexual
behavior is private and a guaranteed right as provided by the Bill
of Rights; therefore, the County does not need to reinterpret the
Bill of Rights to cover sexual preference. Government institutions
are not moral bodies and should aspire to being non-partisan bodies
for the good of the people they serve. Government should provide
guidance and equality under the constitution but allow people to
conduct themselves privately and be left alone.
Mr. Carl Sutton, Jr., reported on being chased off of a
softball field by a pick-up truck because'he was playing on a team
representing a local gay bar. Emphasis was placed on the fact that
until you have been involved in a hate crime, there is no way to
tell someone of the fear experienced. The Commissioners were urged
to adopt the proposed resolution that ~ill oppose discrimination
against sexual orientation in order for these members of the
community to feel safe.
Mr. Clara Kropp, manager of a gay bar, expressed concern for
persons coming in the bar to create problems and stated persons of
the gay community do pay taxes and contribute to the economy of the
area. The Commissioners were urged to understand that gay persons
are the same as regular citizens and should be given the same
rights and protection as provided to other citizens.
APPROVAL OF CONSENT AGENDA
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Caster to approve the Consent Agenda as presented. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of December 21, 1992, and Regular Meeting of January 19, 1993, as
presented by the Clerk to the Board.
Acceptance of the Disposal of Personal Property Report for Period
of July 1, 1992 through December 31, 1992
The Commissioners accepted the Disposal of Personal Property
Report submitted by the Finance Director for the period of July 1,
1992, through December 31, 1992, in accordance with G.S. 160A-
266(c).
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XX, Page 19.
Approval of Budget Amendment #93-0105 - Sheriff's Department
The Commissioners approved the following Budget Amendment:
93-0105 Sheriff/Administration
Debit
Credit
Sheriff/Administration
Other
$4,094
Salary and Wages
$4,094
Purpose: To budget funds recei ved from court cases involving
illegal slot machines for the Sheriff's salary aC9ount. Pu~suant
to the provisions of N.C.G.S. 14-299, funds seized under these
circumstances are to be turned over to the County.
Budget Amendment #93-0114 Reported for Entry into the Minutes
The following Budget Amendment was reported for entry into the
minutes:
j
~
(
l
MINUTES OF REGULAR MEETING, FEBRUARY 1, ~993
PAGE 304
93-0114 Non-Departmental Outside Agencies/Cultural & Recreational
- Bellamy Mansion, Inc.
Debit
Credit
Non-Departmental
Contingencies
$10,000
outside Aqencies/Cultural & Recreational
Bellamy Mansion, Inc.
$10,000
o
purpose: To budget a $10,000 contribution to the Bellamy Mansion,
Inc. from Contingencies as approved by the Commissioners on January
4,1993.
Approval of Budget Amendment #93-0116 Fire District/Fire
Departments - Health Department/Epidemiology
Debit
Credit
Fire District/Fire Departments
Appropriated Fund Balance
$21,000
Transfer to General Fund
$21,000
Health Dept./Epidemioloqy
Operating Transfer In
$21,000
Departmental Supplies
$21,000
Purpose: To appropriate $21,000 of the Fire District's fund
balance and transfer to the Health Department/Epidemiology for
purchase of Hepatitis B vaccine for all New Hanover County
Volunteer Firemen. This action was approved by the Board of Fire
Commissioners on October 28, 1992.
()
Report of Budget Amendment #93-0118 for Entry into the Minutes -
North Carolina cooperative Extension service
The following Budget Amendment was reported for entry into the
minutes:
93-0118 Non-Departmental/N. c. cooperative Extension Service
Debit
Credit
Non-Departmental
Contingencies
$10,000
N. C. Cooperative Extension Service
Salary & Wages
Maintenance & Repair
" $5,000
, $5,000
purpose: To budget $10,000 from contingencies to the N. C.
Cooperative Extension Service to cover maintenance for the
remainder of the fiscal year and to fund part-time labor to assist
volunteers with development of the Arboretum as approved by the
Commissioners on December 7, 1992.
Approval of Budget Amendment #93-0119 - Department of Management
Information systems/Department of social services
The Commissioners approved the following Budget Amendment:
()
93-0119 Department of Management Information systems/Department of
social services
Debit
Credit
Manaqement Information Systems
Contracted Services
$10,283
social Services/Administration
DSS Administration Grants
$10,284
.
.
.
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
(Budget Amendment continued)
Capital Outlay - Equipm~nt
PAGE 305
Debit
Credit
$20,567
Purpose: To budget funds to purchase an extension unit for the DSS
computer system because the increased workload is putting greater
than anticipated demands on the new system, and the extension unit
will increase its capacity. The County is being reimbursed 50% of
the unit cost in grant funds, and the remaining amount is being
transferred from the MIS budget.
Approval of new Licensed Practical Nurse II (LPN II) position for
the Women/Infants Children's Program and Approval of Budget
Amendment #93-0120 - Health Department
The Commissioners approved a new Licensed Practical Nurse II
position for the Women/Infants Children's Program to provide
screening of WIC children for lead testing and to provide child and
parent education related to the risk of lead poisoning and
prevention. The LPN will also screen children for immunization
compliance and administer immunizations as indicated. The position
will be totally State funded. The following Budget Amendment was
approved:
93-0120 Health Department/women Infants' Children's Program (WIC)
Debit
Credit
Health Department/Women Infants &
Children's Proqram (WIC)
WIC Grant
$9,030
Salaries & Wages
FICA
Retirement
Medical Insurance
Employee Reimbursement
Training & Travel
$6,840
$ 520
$ 340
$ 760
$ 150
$ 420
Purpose: To budget additional revenue for the Women, Infants, and
Children's Program generated by an increased case load. The
additional funds, as well as what is already budgeted, will be used
to fund a new LPN position to provide a lead screening program and
screen children for immunization compliance.
Approval of Budget
Department/Epidemiology
Amendment
#93-0121
Health
Debit
Credit
Health Department/Epidemioloqy
Immunization Action Plan Grant
Health Fees
$ 9,191
$21,082
Advertising
Printing
Departmental Supplies
Training and Travel
$ 500
$ 50
$29,323
$ 400
Purpose: To budget Immunization Action Plan Grant funds to provide
a program to increase the number of children recelvlng DTP
immunizations. The funqing period is from December 1, 1992, to
June 30, 1993; and to budget additional funds received from
administering Hepatitis B vaccine for several organizations (Keys,
the Developmental Center, and School Board).
Award of Contract #93-0200 to' Kucera International, Inc. for
Mapping Service
The Commissioners awa~ded the' low bid to Kucera International,
Inc. in the amount of $18,800 to provide mapping services fbr the
County landfill site, including one foot topographic mapping in a
digital format.
j
(---
i
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 306
A copy of proposals received is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XX, Page 19.
PRESENTATION OF PLAQUE TO WINNER OF THE HUMAN RELATIONS MONTH THEME
CONTEST
Chairman Greer announced that Consuelo Egas, the winner of the
Human Relations Month Theme Contest, was not able to attend the
meeting; however, her seventh grade teacher, Ms. Donna Tenuta, is
present and will accept the plaque.
Chairman Greer, on behalf of the Board, presented the plaque
to Ms. Donna Tenuta, in recognition of the winning theme "Plant
Love, Harvest Peace" and requested that congratulations be extended
to Consuelo Egas.
ADOPTION OF PROCLAMATION DECLARING THE MONTH OF FEBRUARY 1993 AS
"HUMAN RELATIONS MONTH" IN NEW HANOVER COUNTY
Chairman Greer requested a motion for adoption of a
proclamation declaring February 1993 as Human Relations Month in
New Hanover County. Emphasis was placed on the importance of
attending and participating in the events scheduled for the month
of February.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to adopt the proclamation proclaiming February 1993 as "Human
Relations Month" in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 19.
CONSIDERATION OF RESOLUTION OPPOSING DISCRIMINATION
Ms. Sandra Harkin, Chairperson of the' New Hanover Human
Relations Commission, urged the Commissioners to adopt the proposed
resolution which calls for opposition to discrimination based upon
age, disability, sex, race, color, creed, sexual orientation, or
national origin.
commissioner Caster inquired as to whether the entire Human
Relations Commission prepared the resolution.
Ms. Harkin stated the Executive Committee of the Human
Relations Commission prepared the resolution and amended the 1991
resolution adopted by the Board of County Commissioners to comply
wi th current federal language changes. The Commissioners were
urged to adopt the resolution in order to provide support for the
many diverse groups within the community.
Vice-Chairman Mathews requested considering a statement that
would encourage all citizens to treat each other equally without
singling out a particular group.
commissioner Caster inquired as to the federal guidelines?
County Attorney Copley stated the federal government does not
specifically refer to sexual orientation.
commissioner sisson stated this is an issue that raises
emotions on both sides with each side feeling very strongly about
the matter; therefore, he feels it is incumbent upon the Board to
affirm the resolution adopted by the Board of County Commissioners
in 1991 and add the statement requested by Vice~Chairman Mathews,
which states that all citizens should treat each other with equal
respect.
Discussion was held on the difference between an ordinance and
a resolution. County Attorney Copley reported that a resolution is
basically a County policy without the force of law, ,whereas, an
ordinance does carry the force of law.
()
o
(\
\. /'
.
.
.
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 307
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Barone to prepare and adopt a resolution
that will state the Commissioners encourage all citizens to treat
each other equally without singling out a particular group. The
floor was opened for discussion.
commissioner Caster commented on the extreme difficulty he has
experienced in trying to make a decision on this emotional issue.
As an individual, he feels one way, but as a County Commissioner
signing a resolution, he feels another way. As an individual who
believes in Christ, he feels Christ would walk into this room and
love everyone with sadness in his heart for the hideous event that
has occurred in our community. As a retired officer from the U. S.
Coast Guard, it is hoped that the U. S. Marine Corps will not
tolerate actions of this type, and that the persons performing this
violent act will be dismissed from service. If we, as a community,
cannot love and care for each other without having to write down
words, we are all in a sad state of affairs. Emphasis was placed
on all persons being friends and feeling comfortable with each
other.
Ms. Harkin stated the Human Relations Commission is very
concerned about the acceptance of every individual and stated the
motion on the floor does not cover the range desired. This motion
does not refer to administrators, members of committees,
commissions, and boards who are appointed by the County
Commissioners. Praying for a matter to be good does not always
carry forth this idea; therefore, adoption of a resolution would be
a stronger statement of commitment for the community and would
reflect opposition to the crime that has just occurred.
Ms. Shirley Hart Berry, former Chairperson of the Human
Relations Commission, stated Commissioner Caster's statement is
justification of why this resolution should be adopted. Laws are
in place for assault and battery, but non-discrimination is
entirely different. The Commissioners were urged to adopt the
resolution.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Vice-Chairman Mathews
Chairman Greer
Abstaining: Commissioner Caster
Voting Nay: Commissioner Sisson
Commissioner Sisson stated, for the record, he is not voting
against the statement proposed by Vice-Chairman Mathews, but he
feels the resolution needs more specific clarification.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XX, Page 19.
AUTHORIZATION TO REQUEST THE WILMINGTON CITY COUNCIL FOR USE OF
PROPERTY ON PARK AVENUE FOR LOCATION OF AN EMERGENCY MEDICAL
SERVICES STATION IN THE EMPIE PARK AREA.
Emergency Medical Services Director, Larry Ray, presented
background information on usage of the City's Empie Park Fire
station to house an Emergency Medical Services station and stated
the City has recently requested the County to relocate the EMS
operation. It is the County's desire to maintain the station in
the vicinity of Empie Park due to it being strategically located to
provide multi-directional response to the district. A map was
presented showing a desirable site on Park Avenue owned by the
City, and the Commissioners were requested to enter into dialogue
with the Wilmington City Council for use of this property. The
estimated cost for construction of an EMS station is approximately
$200,000.
j
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 308
Deputy County Manager, Mary Gornto, reported that the City has
no plans for use of this public right-of-way located on Park
Avenue; therefore, a request would be made for a long-term
encroachment 'lease of the property. The property would not be
acquired and no money would be required for use of the property.
commissioner
would be required
that this issue
project.
sisson inquired as to whether any zoning action
for the proposed use and recommended being sure
is addressed before moving forward with the
()
commissioner Barone commented on the possibility of having to
move the structure and recommended design of a building that could
be moved in the future.
Consensus: After discussion, it was the consensus of the Board for
the Chairman to write a letter to Mayor Don Betz requesting the
following items: (1) use of the property on Park Avenue for
placement of an Emergency Services Medical station through a long-
term encroachment lease; and (2) checking to see if the land is
properly zoned for placement of the proposed use. Staff was also
directed to consider a building design that will allow the
structure to be moved, if required in the future.
PUBLIC HEARINGS
Chairman Greer reported on Public Notice being given that
Public Hearings would be held on Monday, February 1, 1993, at 7:30
P.M. in the Assembly Room of the New Hanover County Courthouse, 24
North Third Street, Wilmington, North Carolina. Persons wishing to
comment were requested to limit their remarks to three minutes and
to select a spokesperson if a large group is present.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE NORTH
SIDE OF WENDOVER LANE BEHIND THE.OGDEN SHOPPING CENTER FROM B-2
BUSINESS TO R-15 RESIDENTIAL
Chairman Greer opened the Public Hearing.
()
Planning Director, Dexter Hayes, reported the property was
rezoned to B-2 Business in March 1985 in conjunction with adjoining
properties along Market Street. Originally, the subject parcel was
part of a larger tract that extended to the highway. During a
period of time, the tract has been subdivided and the area adjacent
to Market Street was developed for commercial uses with the subject
parcel remaining undeveloped. In February 1992, the Technical
Review Committee approved a 20 unit residential subdivision for
this property contingent upon the owner being willing to rezone the
land to R-15 Residential. After review, the Planning Board voted
unanimously to approve the residential zoning feeling that possible
land use conflicts and traffic disparities would be eliminated
along with the opportunity to reduce commercial inventory along
this corridor. Also, the use is consistent with current land use
policies that discourage commercial encroachment.
Chairman Greer inquired as to whether anyone from the general
public would like to comment on the proposed rezoning. The
following remarks were received:
Mr. Leon Skinner, a co-owner of the property, commented on the
property and stated the best use for the parcel is R-15
Residential. The Commissioners were requested to approve the
proposed rezoning.
n
'- /'
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to approve rezoning the property from B-2 Business to R-15
Residential as requested by the petitioner and recommended by the
Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
'rd.:" ~~~.:
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 309
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA #8B OF NEW HANOVER COUNTY, N. C.
ADOPTED JULY 1, 1972," is hereby incorporated as a part of the
minute$ and is contained in Zoning Book II, Section 8, Page 38.
.
PUBLIC HEARING TO CONSIDER REZONING .PROPERTY LOCATED ON THE
SOUTHEAST SIDE OF MARKET STREET, SOUTH OF CARDINAL DRIVE EXTENSION
FROM R-15 RESIDENTIAL TO B-2 BUSINESS
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported on the rezoning
request and stated the Planning Board voted unanimously to approve
rezoning the 1. 23 acres from R-15 Residential to B-2 Business
feeling that the property was not desirable for residential use and
would severely restrict future redevelopment possibilities.
Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
Mr. Jonathan Barfield, Sr., representing the petitioner,
commented on adjacent commercial use and stated the best use for
the property is B-2 Business.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman
Mathews to approve rezoning 1.23 acres of land from R-15
Residential to B-2 Business as requested by the petitioner and
recommended by the Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA #9B OF NEW HANOVER COUNTY, N. C.
ADOPTED .JULY 1, 1974," is hereby incorporated as a part of the
minutes and is contained in Zoning Book II, Section 9B, Page 72.
PUBLIC HEARING TO CONSIDER A REQUEST TO NAME A PRIVATE ROAD LOCATED
600 FEET WEST OF NORTH COLLEGE ROAD TO "CANDO" STREET
Chairman Greer opened t~e Public Hearing.
Planning Director, Dexter Hayes, reported on the subject road
naming and stated the private road is located 600 feet west of
North College Road on the south side of Hunter's Trail. Presently,
two businesses utilize the road and additional properties could
benefit from this access as well as eliminate future "curb cuts" on
North College Road. The road name has been approved by E-911 ~nd
the applicant will be responsible for the purchase of a street
sign.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
No remarks were received.
Chairman Greer closed the Public Hearing.
.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to approve the road name of "Cando" as recommended. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit'Book xx, Page 19.
MEETING CONVENED FROM REGVLAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER & SEWER DISTRICT
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to convene from Regular Session to hold a meeting of the Water &
Sewer District. Upon vote, the MOTION CARRIED UNANIMOUSLY.
j
(
!
I
l
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 310
Chairman Greer convened from Regular Session at 8:55 P.M.
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Barone
to reconvene to Regular Session. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Greer reconvened to Regular Session at 8:58 P.M.
APPOINTMENT OF FRED RETCHIN TO SERVE ON THE STRATEGIC PLANNING
COUNCIL
Chairman Greer reported that two vacancies exist on the
strategic Planning Council in the following categories: (1)
Religious Leader; and (2) Member of the Community-At-Large. To
maintain the concept of receiving input from various segments of
the community, new appointees should represent the categories
named.
()
Discussion was held on receiving applications at the last
minute and the importance of deadlines being placed on the receipt
of applications.
Chairman Mathews recommended postponing the appointments until
all applications can be reviewed.
commissioner Barone reported on discussing this matter with
the Clerk to the Board and being informed that no deadline has been
established for receiving applications; therefore, the application
representing the religious category was submitted.
Chairman Greer stated he was aware of this fact and that in
this case there should be no problem; however, in the future,
deadlines should be established for all vacancies.
Clerk to the Board, Lucie F. Harrell, reported on prior
advertisements for the strategic Planning council with very few
applications being received. At the request of the council, it was
decided to review the applications on file; therefore, no deadline
was established and all applications currently on file and received
during this period were forwarded to the Commissioners for
consideration.
n
,/
Discussion was held on the religious leader category. County
Manager O'Neal stated the religious leader did not have to be a
member of the Clergy but a person who has held a religious position
in the community. He, also, reported on the enormous amount of
data collected by the Strategic Planning council and emphasized the
importance of proceeding with the appointments.
Consensus: After discussion, it was the consensus of the Board to
appoint the member at-large and defer appointment of the religious
leader until February 15, 1993, with consideration of the following
applicants: Harold B. Cloud; Barren Nobles; and Edwin smith. No
other applications are to be submitted for consider~tion.
Chairman Greer opened the floor to receive nominations for the
at-large vacancy.
commissioner Barone nominated John Ryder.
(\
~ /'
commissioner Caster nominated K. Wayne Polston.
commissioner sisson nominated Fred Retchin.
There being no further nominations, chairman Greer declared
the nominations closed.
Vote: Chairman Greer called fo~ a vote on the appointment of John
Ryder to fill the at-large vacancy. One vote was received from
Commissioner Barone. .
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 311
Vote: Chairman Greer called for a vote on the appointment of K.
Wayne Polston to fill the at-large vacancy. One vote was received
from Commissioner Caster.
Vote: Chairman Greer called for a vote on the appointment of Fred
Retchin to fill the at-large vacancy. Mr. Retchin was appointed to
fill the vacancy with three votes received from Commissioner
Sisson, Vice-Chairman Mathews, and Chairman Greer.
.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Request by Dr. James R. Leutze for Elimination of Racism within the
Community
Chairman Greer reported that Dr. James R. Leutze, Chancellor
of UNC-W, is striving to work with the community to eliminate
racism. In an effort to promote this goal, pilot programs, known
as "Common Ground", are being established throughout the country.
Individual contributions can be made to the program, if so desired.
An ad will be placed in the Star-News showing persons who have
contributed to the program.
The Clerk to the Board was requested to provide a copy of the
brochure explaining the program to each County Commissioner.
.
Request to Open a Yard Waste Recycling Facility
Chairman Greer reported that a local resident, Mr. Kyle H.
McIntyre, has expressed an interest in opening a yard waste
recycling facility to accept and dispose of yard waste at a fee. If
the County is interested, Mr. McIntyre will purchase a grinder;
therefore, the County should immediately delay purchase of a
grinder until this request is reviewed.
Motion: After discussion of this being an excellent opportunity,
Commissioner Barone MOVED, SECONDED by Chairman Greer to pursue the
request submitted by Mr. McIntyre for opening of a yard waste
recycling facility and direct staff to delay purchase of grinding
equipment until this matter has been thoroughly investigated. The
floor was opened for discussion.
Discussion was held on the importance of knowing that Mr.
McIntyre is qualified and serious about opening and operating the
business.. Also, emphasis was placed on the importance of being
sure that a reasonable fee is charged.
Assistant County Manager, Dave Weaver, stated staff will be
glad to pursue this issue and work with Mr. McIntyre. A report
will be forwarded to the Board on this matter.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
.
Approval of contributing a Half Day of the County's Free Allocated
Days for Use of the Coast Line Convention Center to the Azalea
Coast Amateur Radio Club
Chairman Greer reported that Councilman Hamilton E. Hicks, Jr.
has requested the County to allow the Azalea Coast Amateur Radio
Club to use at no charge a half-day of the County's allocated days
at the Coast Line Convention Center on June 5, 1993, for the "Ham
Fest". Emphasis was placed on the valuable communication
assistance to area emergency services during storms and other
emergency conditions.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to contribute a half day of the County's allocated free days to the
Azalea Coast Amateur Radio Club for the "Ham Fest". Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Discussion of Technical Review Committee and Other Revisions to the
Zoning Ordinance
Commissioner Sisson inquired as to whether staff is in the
process of preparing revisions to the Subdivision Ordinance
j
(-
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 312
relating to the number of members that sit as the Technical Review
Committee and other items that have been discussed? .
Assistant County Manager, Dave Weaver, stated staff is
preparing all the proposed revisions to the Subdivision Ordinance
as requested and once completed they will be presented to the
Board.
Discussion of Agenda Information
Commissioner sisson expressed concern for a multi-page
document being presented by an attorney during a tax appeal hearing
and recommended that staff make a concerted effort to obtain this
type of information to be included in the agenda packet.
()
Discussion was held on developing some type of form letter
notifying persons that pertinent information relating to an appeal
or agenda item should be forwarded to the County Manager by a
specified date.
County Manager O'Neal stated this is a good idea; however,
from a practical point of view, attorneys may not be willing to
present their cases in advance.
County Attorney Copley stated the Board can establish a time
frame, since they are sitting as the board hearing the appeals.
The important factor is adequate notification to the appellants and
their attorneys clearly stating that documents must be presented to
the County Manager by a specified date.
Consensus: After discussion, it was the consensus of the Board to
direct staff to develop a process whereby appellants and attorneys
presenting information on appeals are properly notified that
documents pertaining to the appeal must be presented to the County
Manager in advance in order to include this information in the
agenda backup.
()
Discussion of wrightsville Green Subdivision Drainage Improvements
Commissioner sisson expressed concern for a secondary
developer not complying to the original design of the required
improvements in the subdivision and inquired as to whether the
buyer can be protected in these situations?
Assistant County Manager, Dave Weaver, reported currently the
final plat is inspected as to compliance for improvements as
required in the Subdivision Ordinance, and if approved the County
is no longer responsible. Wrightsville Green is unique since it is
a high density development with a site plan as required by the
zoning Ordinance. With this type of development, building permits
cannot be issued until all requirements have been met.
commissioner sisson commented on improvements being required
and asked if the buyer can be protected by a statement on the
building permit that will clearly list the required improvements
for the subdivision and require the person obtaining the building
permit to certify that these improvements will not be destroyed.
Assistant County Manager Weaver reported that such a mechanism
could be utilized; however, additional personnel would be required
for inspections. Possibly, notes could be recorded on deeds
relating to improvements.
(\
County Attorney Copley recommended developing a check list
whereby the developer will have to sign under sworn statement that
he has complied to the requirements before the Certificate of
Occupancy is issued. If the developer should not be truthful, this
would be documented evidence of perjury if a case should be filed
in court.
Consensus: After further discussion, staff was directed to check
into this matter and report back to the Board.
.
.
.
: ~i'
~
I.".,."
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 313
Discussion Summer Rest Road Closure
Vice-Chairman Mathews commented on complaints still being
received from residents living on Summer Rest Road with reference
to the turn-around installed by the State and inquired as to
whether the road closure should be placed on a future agenda?
Consensus: After discussion of the complaints received with
reference to traffic and noise, it was the consensus of the Board
to place the road closure on a future agenda.
Discussion of Rules of Pro~edure for Meetings of the New Hanover
county Board of Commissioners
vice-Chairman Mathews commented on proposed Rules of Procedure
being placed on the agenda for February 15, 1993, and stated former
County Attorney, Robert W. Pope, will be glad to discuss this
matter at the Staff Meeting on Friday, February 12, 1993.
Consensus: After discussion, it was the consensus of the Board to
review the Rules of Procedures at the Staff Meeting scheduled for
Friday, February 12, 1993.
Discussion of Recognition to the U. S. Coast Guard for preventing
an oil spill Off of Frying Pan Shoals
Vice-Chairman Mathews recommended some form of recognition to
u. S. Coast Guard, the Captain and crew for avoiding an oil spill
off of Frying Pan Shoals from the drifting tanker, the LYRA.
The County Manager was directed to discuss this matter with
the Emergency Management Director, Dan Summers, and prepare a
recommendation to be submitted to the Board.
Report on Hospital Board of Trustees Meeting
Commissioner Caster reported on an Executive Session of the
Hospital Board of Trustees with a decision being rendered to use
the same company that hired David Plate to become involved with
recruiting applicants for the next Chief Executive Officer. The
firm will provide this service with no additional charge, and it
was felt by the Hospital Board of Trustees that this firm is
familiar with the hospital and area; therefore, time could be
saved. The Account Executive of the firm will be in town this week
and meet with the members of Hospital Board of Trustees, Hospital
Administration, doctors, nurses, and employees of the hospital to
assess whether to perform a massive nationwide search for a new
Chief Executive Officer or an in-house search. No decision has
been made and the Commissioners will be advised of any new
developments.
Reports on waste-To-Energy Facility commission, the Region "0"
Council of Governments Solid Waste Task Force, and the Port,
waterway, and Beach commission
Commissioner Caster commented on the excellent job bei-ng
performed by the WTE Facility Commission and stated marked
improvements are being made at the facility. Emphasis was placed
on the fact that this is a complex facility and that time will be
required to resolve the problems being experienced. Also,
congratulations were expressed to the former County Commissioner
who served on this Commission for his foresight and judgement in
seeing that an advisory commission was established.
Commissioner Caster reported on attending the Cape Fear Region
"0" Council of Governments Solid Waste Task Force and remarked on
discussion of handling solid waste issues through a regional
concept. The Brunswick, Columbus, New Hanover, and Pender County
Boards of Commissioners are invited to attend a Workshop on March
25, 1993, at 7:00 P.M. in the Assembly Room of the New Hanover
County Courthouse to discuss potential areas for regional
cooperation in solid waste management'. The Commissioners were
urged to attend. A memorandum will be forthcoming from the
Director of Environmental Management, Ray Church, as to the details
of the meeting.
j
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 314
The Port, Waterway, and Beach Commission is continuing to
support UNC-Wilmington for authorization to construct a pier on
Myrtle Grove Sound for marine and scientific research. The County
is in the process of reviewing this request.
Announcement of Meeting Scheduled for the Eastern North Carolina
Air Cargo Exploratory Committee
Commissioner Caster commented on the Commissioners receiving
an invitation to attend a meeting of the Eastern North Carolina Air
Cargo Exploratory Committee on Tuesday, February 9, 1993, at 6:30
P.M. in Kinston, North Carolina, and stated he could not attend;
however, he feels it would be appropriate for a County Commissioner
to attend.
After discussion, it was agreed that if a Commissioner would
like to attend, arrangements should be made with the Clerk to the
Board.
Report on Board of Fire Commissioners
Commissioner Sisson reported on attending a meeting of the New
Hanover County Board of Fire Commissioners and commented on the
following items:
(1) Development of a budget format establishing standard
accounting procedures to be used by the Volunteer Fire
Departments for proper handling of funds. In order for this
format to be developed, the County Manager has been requested
to allow an additional two weeks for submittal of the budget.
The budget will heard by the Board of Fire Commissioners on
February 20, 1993.
(2) The Board of Fire Commissioners chose not to act on the
North Wilmington Volunteer Fire Department's request.
BREAK
Chairman Greer called a break from 8:50 P.M. until 9:07 P.M.
Discussion on Guidelines for News Media While Attending Board
Meetings
Vice-Chairman Mathews expressed concern for the press
interfering with Staff members during the meetings and inquired as
to whether these guidelines are being observed?
Deputy County Manager, Mary Gornto, stated the news media has
been informed of these guidelines and normally they are most
cooperative.
After discussion, staff was directed to remind the press of
the established guidelines and inform them that members of staff
are not to be requested to discuss an item during the regular
meeting.
ADDITIONAL ITEMS - COUNTY MANAGER
,I
l
Response to Letter Received from the Department of State Treasurer
concerning the Waste-to-Energy Facility
Finance Director, Andrew J. Atkinson, presented a draft letter
to Mr. K. Lee Carter, Director of the Fiscal Management section of
the Oepartment of the State Treasurer, in response to the deficit
condition of. the Waste-to-Energy Facility. The facility is
operating in a critical cash flow position due to expenditures
being more than revenues generated; however, New Hanover County is
in a sound cash flow position and Mr. Carter is aware of this fact.
The Commissioners were requested to authorize the Chairman to write
the letter as presented.
County Manager 0' Neal commented on the many improvements which
have occurred that will provide long-term pay-offs and stated the
cash flow condition will be discussed at the meeting scheduled with
the WTE Facility Commission on February 24, 1993. The report for
()
o
C
J
~
~' .~,.
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 315
.
December was positive with steam production up 33% and electricity
sales up 7%.
Finance Director Atkinson reported on the progress that has
been made in disposal of solid waste by New Hanover County and
reminded the Board that at one time the County did not have a
landfill or a method for disposing of solid waste. Emphasis was
placed on the fact that New Hanover County is substantially ahead
of other counties throughout the state and country in addressing
this costly issue.
Consensus: After discussion on use of the sales tax, the current
continued costs of operating the WTE Facility, and the status of
the CP&L payment, it was the consensus of the Board to authorize
the Chairman to write the proposed letter.
Discussion for Joint Public Hearing with the Wilmington City
Council for Land Use Plan Update
Assistant County Manager, Dave Weaver, reported the state has
reviewed the Land Use Plan Update with minor editorial changes.
The next step in the process is to schedule a Public Hearing to
receive public comments. Since the Land Use Plan is a joint plan,
staff recommends scheduling a joint Public Hearing with the
Wilmington City Council. A 30-day notification is required by
State law.
County Manager O'Neal recommended scheduling a Work Session to
discuss the Land Use Plan Update before scheduling a joint Public
Hearing with the City Council.
.
Motion: After discussion of the complexity of the Land Use Plan
Update and the need to thoroughly discuss the plan, it was the
consensus of the Board to schedule a Work Session on March 15,
1993, for review and study of the plan.
Discussion of Touring Carolina Food Processors
Assistant County Manager, Dave Weaver, reported on information
received from the N. C. Department of Environmental Management with
reference to minor violations by Carolina Food Processors. On
December 18, 1992, when inspecting the facility, hog trailers were
being washed with run-off going into a ditch eventually draining
into the Lumbee River. Once the violation was discovered, the
contractors immediately closed off the ditch with the truck wash
area being closed. The second violation reported was a small 20
gallon oil spill due to a valve being opened on an above-the-ground
storage tank in the containment. area. The plant immediately
removed the valve with all water and oil in the containment area
being handled as petroleum contaminated waste. The violations were
responded to in a timely manner.
Chairman Greer requested that a list of violations be prepared
and provided to Commissioner Sisson when he tours the facility.
Discussion of Budget Reports .
Budget Director, Cam McAbee, presented the following reports
that were requested at the Budget Work Session:
'.
-A list of Budget Amendments that have increased departmental
budgets for the current fiscal year.
-Combined statement of Revenue, Expenditures, and Changes in
Fund Balances.
-A list of Capped State Allocations for the Department of
Social Services.
Discussion was held on the County's "overmatch" in the amount
of $1,245,000 for six programs being administered by the Department
of Social Services with no reimbursement for administrative costs
~
MINUTES OF REGULAR MEETING, FEBRUARY 1, 1993
PAGE 316
or staff. Concern was expressed for mandated programs without
proper funding.
Discussion was held on the excellent job performed with
downsizing and the fact that departments cannot cut deeper.
Further discussion was held on the importance of informing
departments that unexpended funds for the budget year should not be
used without justification.
Finance Director Atkinson commented on furnishing departments
with adequate budgets and stated at the end of the year if all
funds have not been expended due to some items not being purchased,
these funds are rolled over into the next fiscal year's budget for
purchase of these items. Emphasis was placed on the fact that
budgets are closely monitored and that the Budget Director has
authority to transfer funds from one department to another in order
to meet the fiscal year budget. Last year funds were transferred
among the departments and a substantial amount of unused money was
returned.
()
Chairman Greer reported on the citizens not being in favor of
a tax increase and recommended showing exactly where the dollars
are going to be spent, particularly in mandated programs over which
the County has no control.
County Manager O'Neal stated the increase in mandated programs
can be shown in a tax increase; however, if the Board does not
consider a tax increase acceptable, staff needs to know as soon as
possible. Programs and services will have to be cut without a tax
increase and it will be the responsibility of the Board of County
Commissioners to determine what programs and services must be
eliminated.
Chairman Greer recommended closely reviewing the increases for
human services, public safety, education, and salaries. Emphasis
was placed on the fact that he is in favor of a salary increase for
employees within certain parameters.
o
Further discussion was held on the continued increases for
education and the proposed bond issue. The Board of Education is
to appear before the Commissioners on February 15, 1993, to discuss
this matter.
Discussion was held on initiating an awards program whereby
employees will receive a monetary reward if they recommend a
program or process that will save the County money.
County Manager O'Neal stated staff will be glad to check into
this matter.
ADJOURNMENT
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 10:45 P.M.
~Ud~
Lucie F. Harrell
Clerk to the Board
c
l